Should LEOs disarm you when they perform a "non-felony traffic stop"?

This is a discussion on Should LEOs disarm you when they perform a "non-felony traffic stop"? within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; My opinion, no....

View Poll Results: Should LEOs disarm you when they perform a "non-felony traffic stop"?

Voters
202. You may not vote on this poll
  • LEOs should disarm me immediately upon knowing I am legally carrying arms openly, but they should not disarm me when I am legally carrying concealed.

    3 1.49%
  • LEOs should disarm me immediately upon knowing I am legally carrying arms concealed, but they should not disarm me when I am legally carrying openly.

    0 0%
  • LEOs should disarm me immediately upon knowing I am legally carrying arms, either openly or concealed.

    9 4.46%
  • LEOs should not disarm me immediately upon knowing I am legally carrying arms, either openly or concealed.

    190 94.06%
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Thread: Should LEOs disarm you when they perform a "non-felony traffic stop"?

  1. #31
    Senior Member Array walvord's Avatar
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    My opinion, no.
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  3. #32
    VIP Member Array mcp1810's Avatar
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    I responded to both polls indicating that officers should disarm me.
    They don't know me. They don't know what I am going to do to them. All they know is up to this point I haven't been convicted of anything that would prevent me from getting a permit. I could be the master criminal and they are the first officer that was ever lucky enough to catch me.

    But that's just me.
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  4. #33
    Senior Member Array cagueits's Avatar
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    Quote Originally Posted by ak56 View Post
    I voted 'should not' based upon the types of infractions mentioned in the OP, and the 'immediately upon knowing' phrasing of the poll answers, which implies that it is being done only because you are carrying, not based upon your actions.

    However, if one is obviously under the influence, fidgety, or acting suspiciously, then yes, there are times when it would be appropriate to disarm the person.
    This is why I worded the question/answers the way they came out. Again, one gets pulled over/stoped and then disarmed just because one is armed, not because one made a suspicious move or the LEO got the gut feeling or whatever other reason the LEO came up with.
    I can no longer keep track of threads as I used to. If you need to contact me, PM me instead of asking me something in the thread. Disclaimer - No legal advice issued anywhere. Take care.

  5. #34
    Distinguished Member Array Guardian's Avatar
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    Quote Originally Posted by cagueits View Post
    This is why I worded the question/answers the way they came out. Again, one gets pulled over/stoped and then disarmed just because one is armed, not because one made a suspicious move or the LEO got the gut feeling or whatever other reason the LEO came up with.
    I understand your reason for the way the questions are worded, but as pointed out by more then one individual here, there are many here such as myself who had LEO experience, were LEOs or still are and gut instincts is relied on quite a bit and we seem to agree that it should be left up to the LEO who is out there doing the job.

    I'm sorry, I can't see telling LEOs, you can't disarm people, your instincts mean nothing, safety aside, tough luck, suck it up and press, no way, not in my view. Thus my responses of "No response" and I go along with it "Depends" should be added.

    I've watched what I thought were normal good people just explode for no reason at all, but to them it was major. You just never know anymore.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

  6. #35
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    ...and a CCW permit means nothing to me. Anybody can get one, its not a free pass.

    Its a mere indication of a "good guy" nothing more. There are several other factors at play.
    "Just blame Sixto"

  7. #36
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    What do the LEOs think about the driver requesting a supervisor so there is a 3rd party on scene (assuming the officer is riding alone) just in case something goes amiss when handing off the loaded firearm (one of the parties drops it, officer has issues clearing it, etc...)?

  8. #37
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    Quote Originally Posted by fastk9dad View Post
    What do the LEOs think about the driver requesting a supervisor so there is a 3rd party on scene (assuming the officer is riding alone) just in case something goes amiss when handing off the loaded firearm (one of the parties drops it, officer has issues clearing it, etc...)?
    I think you would be wasting everybody's time. And I wouldn't wait for a supervisor to arrive. If I'm going to disarm you, I'm going to do so right away. Waiting would defeat the purpose of disarming.

    Besides, you are asking for far more issues and trouble once a desk jockey arrives.
    "Just blame Sixto"

  9. #38
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    Quote Originally Posted by fastk9dad View Post
    What do the LEOs think about the driver requesting a supervisor so there is a 3rd party on scene (assuming the officer is riding alone) just in case something goes amiss when handing off the loaded firearm (one of the parties drops it, officer has issues clearing it, etc...)?
    Quote Originally Posted by SIXTO View Post
    I think you would be wasting everybody's time. And I wouldn't wait for a supervisor to arrive. If I'm going to disarm you, I'm going to do so right away. Waiting would defeat the purpose of disarming.

    Besides, you are asking for far more issues and trouble once a desk jockey arrives.
    I agree, I can understand why they would ask, but if I feel the need to disarm you, it CAN'T wait. I'm going to do it (safely) right now.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants."
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  10. #39
    Ex Member Array Cold Warrior's Avatar
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    This could and would probably depend on if they either know or know of you, or have checked or remembered your record of prior or previous arrests, or bad beligerant behavior, etc. Just speculation and make-believe imaginary scenes and scenarios in my mind, remembering reading, TV, movies, etc. I have been stopped and questioned by one cop, who reminded me that I had a concealed gun inside my car, which I had really sort of forgotten. You can bet that cops are alert and ready to shoot when they know that you are armed in a car.

  11. #40
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by HotGuns View Post
    I have yet to see the need to disarm anyone on a "routine" traffic stop.
    When I run the DL, the CHL status will come up.

    However, I do understand that things are different from one place to the next, so there could be many different answers.
    I have non resident permits. The info does NOT come up on a license check. I have NR permits from VA,NV,FL and UT. I live in MD. The cop in those jusrisdictions won't have a clue, as neither my license or car registration are in those states.

  12. #41
    VIP Member Array mcp1810's Avatar
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    Quote Originally Posted by swinokur View Post
    I have non resident permits. The info does NOT come up on a license check. I have NR permits from VA,NV,FL and UT. I live in MD. The cop in those jusrisdictions won't have a clue, as neither my license or car registration are in those states.
    Just because you don't have a license or registration in that state does not mean you are not in their database. Back when I worked up there an old friend of mine (MD resident) who had not paid a Virginia ticket (pre agreement) Had a valid Maryland license, but if you ran him by name and DOB in Virginia he came up suspended. He was in Virginia's database with his MD address and all of his MD license info. If the state police have their IT people set their network to check the permit database automatically when the officer/dispatcher runs a wanted check they will get the return weather you have a DL in that state or not.
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  13. #42
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by mcp1810 View Post
    Just because you don't have a license or registration in that state does not mean you are not in their database. Back when I worked up there an old friend of mine (MD resident) who had not paid a Virginia ticket (pre agreement) Had a valid Maryland license, but if you ran him by name and DOB in Virginia he came up suspended. He was in Virginia's database with his MD address and all of his MD license info. If the state police have their IT people set their network to check the permit database automatically when the officer/dispatcher runs a wanted check they will get the return weather you have a DL in that state or not.
    You said IF the state police have their databases linked. Is it a fact that they are? Is this the case in every state where my 4 permits have reciprocity? MD and VA are adjacent states so perhaps this is the case, but what about a state that has reciprocity with UT and their databases are not linked? If I am stopped in GA carrying on my UT permit and have a MD drivers license and there is no link, how does the LEO know about my permit? Is this info in the NCIC database?

  14. #43
    VIP Member Array mcp1810's Avatar
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    What I was refering to was being stopped in Utah with a Utah permit but a Maryland drivers license and registration. If you were stopped in GA with your UT and your MD I doubt it would come up. Permits (when last I worked) were not listed in NCIC but some states could be accessed via NLETS. Pretty much the same as checking your drivers license history. Just have to know the commands to type in. You also had to be dealing with a state that supported the function you wanted to run.
    When I worked up there if I ran you by name and DOB through my MILES terminal it would automatically check NCIC and all I had to do was put an "x" on a line and it would run your through MVA as well. County warrant system I still had to switch networks and key your name in again.
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  15. #44
    Senior Member Array swinokur's Avatar
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    Quote Originally Posted by mcp1810 View Post
    What I was refering to was being stopped in Utah with a Utah permit but a Maryland drivers license and registration. If you were stopped in GA with your UT and your MD I doubt it would come up. Permits (when last I worked) were not listed in NCIC but some states could be accessed via NLETS. Pretty much the same as checking your drivers license history. Just have to know the commands to type in. You also had to be dealing with a state that supported the function you wanted to run.
    When I worked up there if I ran you by name and DOB through my MILES terminal it would automatically check NCIC and all I had to do was put an "x" on a line and it would run your through MVA as well. County warrant system I still had to switch networks and key your name in again.
    I agree with that because UT has my driver license number as part of my CCW license application. My point was that I doubt that all states where I can carry on a non resident permit issued elsewhere have a link between the issuing state that includes my home state license number. Then the LEO would have NO knowledge of my permit. I don't know how many states that recognize other states' permits can request info electronically from the other jurisdiction during a traffic stop.

    That was my point.

  16. #45
    VIP Member Array mcp1810's Avatar
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    If you were stopped in any of the states you obtained a permit from it would not surprise me at all if their permit came up when they ran you. If it was a third state they most likely would have no idea. Now if they became aware of one of your permits I would not be surprised if they could check your permit status via NLETS.
    But then again..... I left my department at the end of 2006. They were still trying to get NCIC2000 squared away. It is quite possible that unless the issuing state has a law against it this stuff could all be out there and just a couple of keystrokes away.
    And any state can request any information from any other state at any time. That is what NCIC and NLETS are all about. If the state doesn't allow others to remotely access their database, you just send an administrative message to the control terminal for that agency and wait for the return.
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